Van Dyck Law, LLC is a full service Estate Planning & Elder Law practice. They write about comprehensive planning in the areas of wills, trusts, powers of attorney, medical directives, Elder Law and probate & estate administration.

Campbell's will left his estate to Kimberly, his wife of 34 years, and five of his eight adult children. However, he omitted three children from prior marriages—William Campbell, Kelli Campbell and Wesley Campbell.

The three siblings agreed to dismiss their fight for a portion of their father's estate. Their filing in Davidson County Probate Court didn’t provide any details. The three had contested the validity of the 2006 will, bringing into question their late father's capacity.

The legal dispute involving Glen Campbell's widow versus three of his children has delayed the final resolution of the singer's final affairs, including the question of who has the rights to future royalties on his music.

Campbell was known for songs such as "Gentle On My Mind," "Galveston," "Wichita Lineman" and "Rhinestone Cowboy." However, he was not the composer of any of his hits.

Kimberly Campbell issued a statement through her legal counsel that said she was glad to put the matter behind her. "The filing of a will contest last January came as a shock to me," the statement said. "There was never any merit to these claims.”

"I am pleased to finally put this difficult experience behind me, so that I may focus on my family, my continued mission to educate, destigmatize and raise awareness for Alzheimer's disease—and to honor my husband and his amazing music legacy."

However, Kimberly's statement noted that there was no settlement made with the adult children, and the attorneys for the three adult children contesting Campbell's will could not immediately be reached.

Unofficial estimates initially placed the value of the Campbell estate in the millions, but the more recent estimates provided to the probate court listed an estimated value of $420,221. This figure does not include the future royalties from Campbell's music.

12/14/2018

“Being left out of a will, is not a situation most people want to be in. However, sometimes when a will comes to light, its contents are unexpected. They can exclude those who assumed they would be included. If you are left out of a will, there are some time-sensitive steps you should take to at least clarify what has happened, and perhaps contest it.”

In most will contest cases, you are required to show coercion, diminished mental capacity or outright fraud to have a will's terms dismissed, according to Investopedia’s article, “What To Do When You're Left Out Of A Will.”

Before making a federal case out of it, cool down for a few days and think things through. If you aren’t a family member and were never named in a previous will, you can’t contest the will. If the deceased talked to you about an inheritance before, write down as much as you can remember and estimate the dollar value (whether in money or possessions). If it was never discussed but was implied, you’ll need to give a high and a low estimate on what you could have reasonably received based on your knowledge of the estate. If this amount doesn’t cover your legal fees, forget it. You may even walk away, if it’s twice as much as the retainer, because some estate battles cost more in legal fees than the inheritance. Again, consider this carefully.

The person who creates the will has the final word on who is and who is not in the will. If you have reason to believe that the will has changed, maybe because the person was under duress or suffering from diminished mental capacity, you can try to find out the details. You can ask the executor for the current will, any previous versions and a list of assets.

A sharp executor will compare copies of the will and note any significant changes. Therefore, it’s possible that a notice from the executor will be your first signal that you were removed from the will. If you aren’t told before the will goes to probate, you’ll be able to get a copy from the probate court. In addition, you’ll be told how long you have to contest the will. Each state has different rules and time limits, so ask a local estate planning attorney to help you get the copy and file the contest.

To contest the will, you need a valid reason. You need to reasonably prove that the testator lacked the mental capacity to understand what he was doing when the current will was signed, was pressured into changing it or that the will fails to meet state requirements and isn’t legal.

Your attorney will honestly tell you if you have a winnable case on these grounds. If you don't have grounds, there’s still a chance you can make a claim on the estate. For instance, if you did unpaid work for the testator, you may be able to claim costs. Again, look at the value of the claim versus the costs of moving forward.

With sufficient grounds, your attorney will file a contest against the will with the objective of invalidating the current will and enforcing a previous will that lists you as a beneficiary. If you’ve been left out of several revisions of the will, your chances of winning the dispute will be less because multiple wills must be invalidated. The burden of proof is on you, so be ready for a tough fight.

Instead of a court battle that will deplete your finances and those of the estate in legal costs, your attorney may be able to get the estate to agree to mediation. Mediation may be a better and faster resolution than a lengthy court battle.

With all of this, take into account the emotional stress. Being left out of a will is a bitter pill to swallow, but wasting time, money, and effort with heaps of stress fighting a losing battle will be much worse.

10/29/2018

“You have rights, if you believe an executor or trustee is not acting in the best interests of the beneficiaries.”

It’s not uncommon for a parent to pass away with a will that says her children will divide the estate equally, after all the debts are settled. It’s also not uncommon for one of the children—maybe the eldest—to be named the executor. This works just fine in most situations, where all of the siblings get along. Things are settled, and everyone moves on.

However, sometimes an executor can act with some (or a great deal of) self-interest, especially when it’s one of the siblings. That daughter may feel entitled to more than an equal share, because of the care she’s given the parent or for any number of reasons.

What if the eldest sister gets her siblings to sign away their rights to everything? Perhaps some do, but when one sibling says no, this evil executor gets the will probated anyways. Subsequently, the lone hold-out finds out there was a testamentary trust created because she didn't sign away her rights, and—you guessed it—the eldest sister is the trustee. That’s dirty pool!

When the hold-out beneficiary requested an accounting of the trust, the evil executor/trustee refused. When an executor or trustee tries to keep the deceased parent’s estate and trust a secret, it’s not appropriate or acceptable, and she’s breaching her fiduciary duty.

nj.com’s recent article, “Your rights when family fights over a will,” explains that executors and trustees serve in a fiduciary capacity. It means they have a legal obligation to act for another (the beneficiaries) in a fair, honest, and transparent manner. While executors and trustees have the legal authority to manage the affairs of an estate or trust, she’s accountable to the beneficiaries and must inform them of what she’s doing.

When a person dies, the executor must notify, in writing, all beneficiaries named in the will (and all heirs at law, like those entitled to inherit by intestacy) that a will has been probated. This must be done within a specific number of days of the will being probated. The executor must also provide a copy of the will upon request. After receiving the notice of probate, individuals may contest the will within a specific timeframe.

When the will is reviewed, beneficiaries can see that a testamentary trust was created. Once appointed, an executor must settle and distribute the estate, as quickly and efficiently as possible. Both executors and trustees have a duty to collect and preserve assets, deal impartially with beneficiaries and act at all times with the best interests of the estate and trust in mind to be certain that the estate and trust are distributed, according to the decedent's wishes.

A fiduciary also has a duty to account to the beneficiaries. Therefore, in the event a beneficiary has questions about how an estate or trust is being handled, he can request an accounting and copies of supporting documents. Likewise, a trustee is required to keep beneficiaries reasonably informed about the administration of the trust and information necessary for the beneficiaries to protect their interests. The trustee must promptly respond to the beneficiary's request for information on the administration of a trust. If a fiduciary willfully neglects or refuses to render an accounting or breaches her fiduciary duties, you can ask the court to remove her as the executor or trustee.

Therefore, in our scenario, the evil elder sister must, if requested, provide an accounting. If that accounting shows any improprieties, the elder sister may be personally liable for misconduct, including the legal fees for bringing the action.

If this looks like a real situation you’re having, talk to an attorney experienced in probate litigation.

A document that was said to have been filed with the Oakland County Probate Court in Michigan and signed by her son Kecalf and her estate attorney David Bennett noted the absence of a will.

"The decedent died intestate and after exercising reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to property located in this state as defined" under the law, the document said, according to the Detroit Free Press.

Because she died intestate or without a will, Franklin's finances will become public. Her niece, Sabrina Owens, has asked Judge Jennifer Callaghan to be the personal representative of the estate.

Don Wilson, Aretha's entertainment lawyer, commented to the Detroit Free Press that he repeatedly suggested that she create a trust. "I was after her for a number of years to do a trust," he said. "It would have expedited things and kept them out of probate and kept things private."

The attorney said he would have helped Aretha manage her holdings in music publishing and copyright issues for estate planning. Wilson added that at this point, it's impossible to estimate the value on her song catalog. However, he also said that she retained ownership of her original compositions.

In her home state of Michigan, the assets of a deceased person who was unmarried are divided equally among children. However, creditors or extended family members could contest the estate.

Franklin died at home in Detroit in mid-August.

Her fans gathered to view her body in Detroit at the Charles H. Wright Museum of African American History last week.

08/29/2018

“Nineteen months after pop star George Michael's death, his last wishes are finally being honored.”

According to the late singer George Michael's cousin, Andros Georgiou, the executors of George's estate have contacted all of the individuals and organizations who are named in the former Wham! singer's will.

Local authorities later announced that the 53-year-old pop star died from dilated cardiomyopathy with myocarditis and fatty liver.

Andros Georgiou says that Fawaz is challenging the will. Michael’s will stipulated that his enormous fortune of approximately $137 million should go to several charities, his sisters Yioda and Melanie and some members of his staff.

"People who worked for George and were loyal to him will be getting small amounts," his cousin Georgiou told The Sun. The newspaper reported that the housekeepers who worked at Michael’s North London and Goring homes are among those mentioned as beneficiaries in his will.

Andros told The Sun that Fawaz received money regularly from George, while the pop star was alive. Fawaz has yet to move out of Michael's home in London's Regent's Park and is in the process of contesting his exclusion from the will.

"Fadi is threatening to go all the way to High Court, but I think the estate will have to settle with him," Andros explained to the British newspaper. "He's been offered £500,000 [roughly $655,000] and I think the estate should pay a couple of million to get rid of him."

George Michael's former partner of 13 years, Kenny Goss, is also said to be contesting his exclusion from the will. However, his issue is reportedly related to funding the Goss-Michael Foundation, the non-profit Dallas art gallery featuring British art collections that he and Michael founded in 2007.

The Sun also reports that George's estate wants to dispose of the late singer’s three homes as quickly as possible.

06/27/2018

“George Michael’s ex-boyfriend has joined the battle for a slice of the late superstar’s millions.”

The Careless Whisper singer, who passed away in December 2016, left his multi-million estate and properties to his two sisters Melanie and Yioda.

However, Trust Advisor’s recent article, “George Michael Exes in Legal Fight” reports that Kenny Goss, George’s former partner of 15 years, is claiming a large part of his estate, on the grounds he helped the troubled singer through hard times, The Sun reports.

The American businessman has hired counsel. He claims that George always told him he’d look after him, “see him right and that he would not want for anything,” a source said.

Due to the fact they were together for many years and Kenny really looked after George a great deal, he feels that George’s will doesn’t accurately reflect this.

Kenny joins Lebanese hairdresser Fadi Fawaz, who was with George for five years until his death on Christmas Day 2016, in challenging the will. Fawaz was instructed to move out of his ex-lover’s mansion. Fadi also won’t inherit the three-bedroom home in London’s Regent’s Park, where he’s currently living. The Mirror reports that his hopes of owning the property are “all but over.” An insider told the paper: “Fadi realizes his days there are likely to be numbered, as it’s been made clear he won’t be inheriting the place.”

“He’ll be sad to leave, as it’s where he and George shared so many happy moments.”

Fadi said earlier this year that he was forced to sell the car George gave him because of his debt. The Sun reported George’s possessions were being repossessed, after Fadi fell behind with payments on the singer’s North London home. He’s now selling off George’s possessions. In addition, the singer’s family also gave Fadi money, despite claims he’s broke.

Fadi was sleeping in his car on Christmas Eve 2016—the night of George’s death. He found George’s body in the morning and called the police.

There is no husband, no children and no obvious heirs. As a result, there’s been some speculation over what will happen to his estate. George was godfather to Martin Kemp’s children Roman and Harley, who could be in line to inherit a share, along with Geri Halliwell’s daughter Bluebell—despite his ex, Goss, actually being her godfather.

06/12/2018

“The purported sons of Charles Manson could soon be out of the legal battle over his estate, after failing to show up in court Tuesday.”

Matthew Lentz arrived at Los Angeles Superior Court, after the brief hearing ended in the probate case of the late cult leader. Lentz appeared disheveled and frazzled. He claims that he was fathered by Manson at a 1967 orgy.

Another supposed son, Michael Brunner, has filed a motion to drop his claims as an alleged heir to the convicted murderer. WPXI News reports in the recent article, “Purported sons could be out of Charles Manson estate fight,” that if the two men drop out, it would leave a purported grandson to fight Manson’s pen pal, who filed a will that names him as sole beneficiary to the potentially lucrative estate.

This leaves at least three individuals who claim a relationship to Manson, along with two so-called “murderabilia” collectors, who befriended the criminal and who have emerged in the court battle. The 83-year-old Manson died in a hospital last November, while serving a life sentence for masterminding the 1969 killings of pregnant actress Sharon Tate and eight others in a Los Angeles Hills mansion.

Lentz is listed as sole beneficiary in a 2017 will that names memorabilia collector Ben Gurecki as executor. Some say that the will is a fake. Lentz brought a plastic case to the hearing. It was overflowing with rambling letters from Manson that he hoped would convince a judge that he was Manson’s son. Lentz said he’s seeking the rights to a song Manson said he wrote for him. However, the judge said Lentz had until a July 13 hearing to show why he shouldn't be dismissed from the case.

Brunner's mother was a former Manson family member, and he’s widely believed to be Manson's son. Mary Brunner was in jail on credit card fraud case in August 1969, when Manson instructed his followers to carry out killings that he hoped would create a race war. Michael Brunner was one of those who also fought in court over the right to collect the body of Manson for burial.

However, Manson’s remains were granted to Jason Freeman, a purported grandson from Florida. He had the remains cremated and scattered the ashes after a brief private funeral in March. Brunner lost because he surrendered his right to be deemed an heir, when he was adopted by his maternal grandparents, a judge ruled. His quest for the estate is likely to meet a similar end. Lentz has the same problem. Unlike Brunner, he doesn't have a birth certificate naming Manson as his father. However, he was also adopted and later pieced his paternity together, after tracking down his biological mother.

Michael Channels, who was a Manson pen pal, sold his songs and artwork. He’s also fighting for the estate. The will he filed names him as executor. The court that ruled against him in the case for Manson’s remains, said the will presents a possible conflict of interest because he was one of the two witnesses, while also the sole beneficiary.

An Arkansas native, Glen started his professional career as a studio musician in Los Angeles, spending several years playing with a group of world class musicians known as "the Wrecking Crew." Campbell played guitar on hundreds of hit records, many without credit. When he went solo, he placed a total of 80 different songs on either the Billboard Country Chart, Billboard Hot 100, or Adult Contemporary Chart—29 made the top 10 and nine reached number one on at least one of those charts.

There were some reports that Campbell’s assets came to roughly $50 million. However, more recent estimates say it’s worth around $410K. The Tennessean reported that Campbell’s accountant and manager Stanley B. Schneider (who was appointed administrator ad litem by a judge earlier in 2018) filed paperwork that says Campbell’s combined assets reached a lower amount than many anticipated. The claim says the stake in AZPB Limited Partnership holds the most value at $296,164, interest in AZ Baseball Broadcast Holdings totals $3,464, and the combined total of two bank accounts is just $959. Funds from Glen Campbell Music, Inc. and Glen Campbell Enterprises total $109,634.

In addition, Schneider listed debts for state and federal taxes and legal fees totaling $118,200. He also reported that $43,448 of royalties were paid to the estate in the eight months after Campbell’s death. More than $76,000 is owed.

With the will contests and filed claims, the legal battle concerning Glen Campbell’s estate is expected to continue for some time and ultimately will deplete what will be left in the estate.

That’s because more than a dozen lawsuits related to the estate have been filed since Brown died on Christmas Day in 2006, including one filed in January in federal court in California. In the latest suit, nine of Brown’s children and grandchildren are suing the estate’s administrator and his widow, Tommie Rae Hynie. They claim that she made “illegal back-room agreements” with the estate involving copyrights for songs that Brown wrote.

There have been several other suits by people who contest the will. One came from a person who thought she should have been appointed as a trustee of the estate and one by people who were trustees of the estate but then were removed. In addition, James Brown II, 16, filed an action to assert his right to be viewed as a son and heir.

James Brown’s will earmarked $2 million to underwrite scholarships for his grandchildren, and it gave his costumes and other household effects to the six children he recognized, a bequest estimated to be worth another $2 million. However, the majority of the estate was to be given to the I Feel Good Trust, which he set up to distribute scholarships for children from South Carolina, where he was born, and Georgia, where he lived for much of his life.

After the will was challenged, the South Carolina attorney general proposed a settlement: Brown’s children and grandchildren would receive 25% of the estate and Hynie would get another 25%. However, the state’s Supreme Court quashed the settlement, reasoning that the reformulated asset distribution amounted to a “total dismemberment of Brown’s carefully crafted estate plan.”

The value of the estate itself is also somewhat of a mystery. Estate administrators say in court papers that it could be worth less than $5 million, but others have given estimates as high as $100 million. Most of the value is from the song copyrights that Brown retained as the songwriter. Brown’s songs are frequently used in commercials, including recent ads by L. L. Bean and Walmart, which can generate a small fortune.

The latest federal suit alleges that Hynie and James Brown II made deals regarding the rights to Brown’s songs without telling Brown’s other children and grandchildren, and thus “conspired to unlawfully deprive plaintiffs of their valuable termination interests.”

01/15/2018

“Carl Bergstresser signed a will in which he stated that his 11.6-acre property on the Braden River should be forever maintained as a nature preserve.”

Right before he died of pancreatic cancer in July 2016, Carl Bergstresser signed a will in which he stated that his 11.6-acre property on the Braden (Florida) River should be forever maintained as a nature preserve.

The Sarasota Herald-Tribune reported in its recent article, “Outdoorsman’s siblings contest how trustees managed his estate,” that Bradley Magee, the attorney who drafted the will, said the Osprey-based Conservation Foundation of the Gulf Coast assumed ownership of the land. However, Bergstresser’s dying wish remains the subject of a prolonged legal battle. This question is further complicated by the uncertain outcome of an effort by Manatee County to acquire adjoining land from a developer to create an even larger nature preserve.

Bergstresser’s siblings, Diana and Phil Bergstresser, brought a probate court case that questions how the executors of their brother’s estate managed the assets which he left in addition to his homestead. They claim they’ve been deprived of most of the assets that would’ve remained in the estate, other than the donated land. Aside from his home and land, Carl’s estate is valued at $314,516.

Dated July 16, 2016, Bergstresser’s will states: “My homestead and all acreage owned adjacent to my homestead shall be donated or otherwise transferred to a nonprofit organization or government entity that will maintain such property for wildlife conservation and general conservation purposes on a perpetual or long-term basis.”

Bergstresser permitted his “personal representatives” named in his will—Magee, Phillip St. John, and Donald “Troy” Smith—to choose the nonprofit that would receive his property. The trustees paid a $32,000 mortgage and a $59,000 line of credit that Bergstresser owed from his remaining estate. The siblings say the will doesn’t state that Bergstresser wanted the debt paid out of the money that otherwise would have gone to his heirs and that his executors made the payments “without getting a court order.”

Their lawyer also claims the executors took $46,000 from the estate for their “personal representatives’ fees” and about $66,000 for attorney fees—an amount of attorney fees paid by the estate that they feel is “excessive.” He also said the court ordered the foundation to return $47,000 to the estate that the trustees paid it as a “stewardship fee” for costs from the closing on the property and putting it in a conservation easement.

Another unknown is an effort to get Manatee County to acquire 32.38 adjoining acres for which a developer received approval for a subdivision. When initially proposed, residents in the neighboring area strongly objected. They argued that the heavily wooded site on the Braden River is an oasis for an abundance of wildlife. They asked the county to acquire it for a nature preserve.

The developer granted the Conservation Foundation an option to buy that land for $3 million, and the foundation is willing to transfer that option to the County.

Bergstresser, whose property was directly west of the proposed suburb, joined the opposition movement. When he found out he was terminally ill, he decided his land should be part of that proposed nature preserve. Now that it has the Bergstresser land, the foundation is to classify it as a “conservation easement”, so it can’t be developed.